Construction, Forestry, Maritime, Mining and Energy Union

[2021] FWCA 6773

[2021] FWCA 6773

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2021/7945)

WAKE CONCEPTS PTY LTD/ CFMEU SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 19 NOVEMBER 2021

Application for approval of the Wake Concepts Pty Ltd/CFMEU South Australia Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Wake Concepts Pty Ltd/CFMEU South Australia Enterprise Agreement 2021 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU). The Agreement is a single enterprise agreement.

[2] I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] Noting clause 1.4(b)(iii) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[4] The CFMMEU lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CFMMEU.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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